Former Machakos Senator Johnstone Muthama wants the KBC declared the owner of 1,200 acres along Kangundo road and not Komarock Housing Society.
Muthama on Monday disassociated himself from a case pitting Kenya Broadcasting Corporation against Komarock Housing Society in which he was an "interested party" and filed a separate suit on the matter.
The politician, through lawyer Sharon Mbithe, told Justice Oscar Agote that he would lose the right to appeal should Komarock Housing Society win.
He says in a sworn affidavit that there is no public land left in Kangundo/Tala municipality for public utilities and that he is pursuing allocation of such land for use by the community.
He accuses Komarock Housing Society of invading the disputed land in 2013 and subdividing it for sale.
“Unless the defendants’ actions are restrained, the suit land will be grabbed and taken over illegally by the agents, servants, associates, employees and cronies of the defendants,” the former senator says.
He is seeking a declaration that the Ministry of Information and Communication (KBC parent ministry) is the beneficial owner of the land and that Komarock Housing Society has no right to claim the same.
He also wants the housing society restrained from dealing in any manner including entering into, disposing of or transferring the land to any person or entity.
Agote directed that Muthama’s suit be consolidated with the existing case and fixed the hearing for February 18 and 19, 2020.
The dispute between KBC and Komarock Housing Society has escalated in the past few weeks during there have been ugly confrontations between some members of the housing society and the police.
The housing society claims it bought the land in 1963 from a colonial settler and allocated 23 acres to then Voice of Kenya (now KBC) in 1980s to install broadcasting equipment.
